The Wabash Courier, Volume 11, Number 22, Terre Haute, Vigo County, 4 February 1843 — Page 2

5

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EXTR ACT FROM A BPBECH

Whtgt.

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The

ISVv^

•tr

•I 1"

or THE

Hon. GARRETT DAVIS, Of KENTUCKY# V,», -V Recently delivertd in Congress, in reply to charret made by Mr. Cushing against the

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The gentleman from Massachusetts (Mr. COSHIMG) had commenced his speech this morning by assuming most extraordinary and most unwarrantable premises. He bad deliberately said to this Bouse that at the called session two alternatives were presented to gentlemen the one of constitutional administration of Government under the lead of the President, and the other of a factious anarchy under the lead of the great ex-Senator from Kentucky. Mr. DAVIS assumed here, and intended to prove that position falsely assumed, and that it implied a calumnious denunciation against the public course of the distinguished e»Sonator from Kentucky. He would ask the gentlemn from Massachusetts what had been tne principles of that Senator, as unfolded in measures,and to which the gentleman had given his adhesion and support for fifteen years previous to the

commencement

of the

extru session? He asked any member of this House whether that distinguished Senator at the extra session had marked out any new course for himself? Did he take up any new measure, or put out any new principle? The gentleman from Massachusetts had intimated in his first speech, as he had is all the speechci he had made in this House upon this subject, that the Whigs in Congress had thrown themselves into a factious opposition to the Government, that they had abandoned their duty to the Government, and the country, and refused their co-operation with the President in the administration of the Government. The gentleman from Indiana, (Mr. Kennedy,) had assumed the same position,and had taken to himself great credit (as many other "Democrats" on this floor had,) for having come up to the honest support of John Tyler, while tho Whig party had abandoned that duty,

Which ought to have been paramount to all «rount!

party Considerations. Let them examine the

truth of this position, and see at the extra ses-

MSK!d

at the extra session to the act for the ,10

distribution of the proceeds of the public lands,! P?w"

recommended by Mr. Tyler to the bankrupt,of

act, recommonded by Mr. Tyler to the loan "3,'"le

bill, ivith the same recommendation to the

gentleman from Indiana (Mr. Kenncxdf said Mr. Tyler was an hona&t old

^Jy) had said Mr. Tyler was an hona&t old «oul»and he would givo his Administration

«ti honest support, so far as he believed it entitled to support and the gentleman united with the gentleman from Massachusetts and

.his coadjutor on this floor in denouncing the Whtg party in Congre&s for having withheld their support from this Administration and yet, strange as it might seem, tho gentleman from Indiaun had voted against every solitary measure of the called session! Mr. D. referred in ttrms of animadversion, to some of the .doctrines advanced by the gentleman from

Indiana, and especially to the avowal that, as a member of the Democratic party, he would not advance nny measure to the President that .would be met by the veto power, and to his justification of Mr. Tyler in removing Si from office those who wero not his friends, and appointing in their stead his friends. The gentleman did not (said Mr. D.) truly represent tho free, independent will of his constituents on this occasion. No "hoosier," as the gentleman had styled himself, roaming through his forests or over his prairies, would avow that he would not advance a measure he deemed of great importance to the country because it might be met by the

11 he

bill to pay off the post office debt of half n! I»r' ?f.th°

million of dollar., which the preceding Ad-1

ministration had left as a legacy to General Harrison's Administration, and which the party who contracted that debt^ refused to come forward and aid the Whigs of this House to liquidate to the tariff bill, imposing a duty on freo articles, supported by the Whig party, who marched forth in solid columns and voted for this bill to givo revenue to John Tyler to 1 enable him to administer the Government lo the first and second bank bills—the second an

Executive

veto and they would say that the offices of Government were constituted for the benefit of the people, for the convenience of the Government in its administration, and that no motive except patriotism and the public good ought to direct the appointments to or removals from office.

But let him extend the examination a little further. At the last session of Congress they tind passed tho civil and diplomatic appropriation bill, the military ami the naval appropriation bills, the Indiana bill, the fortification bitl» the loan bill, the bill to raise additional revenue by the tariff*, the remedial justice bill, and the Treasury note bill. AH these measures were of some essential importance to aid the President in carrying on the operations of Government, and wero supported by tho great body of the Whiffs," and against them the gentleman from Indiana had votod. Of some twenty measures, ne» oessary and indispensable to enable the Government to continue its operation*, and the

Kxecutivo to perform his duties under the Constitution, the gentleman from Indiana bad voted against them all. The

"all^r\*T

them tbe bigs had supported moat of

!T£io* .b«n /rom .Maaaachus^ta^lVofti day day tebnfced

tha WWg memteB Of Coojre», «ad them of refusing, from factions and corrupt pneasi

motives, to aid the President in carrying on r"

thf Oovcrnmcnfj and the fenl|^n the!

same time,was wooing the Democracy, because of the fruits which he expccted from the courtship, notwithsanding they imd done nothing, and the Whigs had dond ail to

tain this Administration! He called on the gentleman to make good his charge*. He had assumed, over and over again, that the Whigs of Congress had refusal to aid the President ro carrying on the Government.

Bat what did the President or the gentleman from Massachusetts mean when they made the charge against the Whigs that they had not aided him in carrying on the Government? What did the gentleman mean by "the Government?" Mr. D. understood by it the organized power in this nation that ruled this Confederacy. But it had been contended that the incumbent of the Presidential chair, John Tyler, was "the Government" of the United States. That was the application of the term in the connexion in which he found it in the gentleman's speech and this was the sentiment of Louis XIV. He took issue with the gentleman from Massachusetts. He denied that the President of the United States was the Government, or that he hud a right to call on Congress to co-operate with him in the administration of the Government. No in this Government, and in all free Governments, the legislative branch was predominant, and freedom could not long exist in any country where such was not the state of facts. John Tyler here wftg$4it an incident to the Government his otflt of office was to cxectti? the laws of Congfelslr He was an incident, and Congress was the principal power in our system. By what right did the gentleman, then, call on Congress to aid the President in carrying on the Government? Mr. D. ce for red to and read an extract from the speech of Mr. CUSHING, and said that throughout this speech the gentleman treated the President of the U. States as the Governmerit and hfs idea was not that the President was theoxecutive branch of the Government, because, if it had been, he would have had

of

gentleman

had no

towa/

1

ajoo what measures were passed by Co-rig, IUM! what measures were then recommended ^°*f™rn/cnt\. .. bv the President as neccssary to enable him (cpnt,"ued Mf. D.) was on^of the to carry on the executive brunch of the Gov- fru't" flow.^ from the vetp power It had ernment. induced the Executive of this nation system1 Mr. D. referred lo Hie various measures1

nticall'

10

t^ei

lm JSf administration measure, coming here with the fey* sanction of John Tyler, which the gentleman. from Massachusetts or the Secretary of State

President anamo^vuiff party. He nev«r had dared, and nover would and yet, after the word of the President and his pledged faith had been falsified, tho Secretary of State still remained in office, and chid tho other members of the Cabinet, who felt that it would be a dishonor for them to remain, by saying that there was no cause for the dissolution of the Cabinet. Now, he asked, could John Tyler demand any thing moro of tho Whig party? Could the gentleman from Massachusetts ask of the Whig party nny thing more to enable John Tyler to carry on tho administration of this Govornmont

sus­

^P'a»nl Congress,

grou,ld

.,0

of

on

complaint

.Congress, that they had not co-ope-

rated with the President in carrying on the

«rasPing P®""'

u'urP'0?.10 l"™®l''the

of

Executive. Mr. D. torv in illustration of this point. The gentleman must surely have been reading Mnchiavel's "Princej:M for he held, it seemed, that there were no principles in measures: party was all. Now Mr. D. held, on the contrary that there was no such thing as great measures without principles-c Mr. D. said he had often listened to the ^entlemnn's speeches with admiration of his abilities, both natural and acquired, when his political associations were very different from what they ure now. What had been the gentleman's principles then? At that time he was utterly opposed to a Government Bank and the sub-Treasury, and denounced them both with vehemenco as interfering with the legislative power. Now, the gentleman bad suddenly turned a complete somerset on all these great principles and measures, and had bpcome one of the most decided and acrimonious advocates of Executive power. Ho was now found in direct opposition to himself. Ho was now an adviser of the President, and had gone over to the very extremist ultra position possible in favor of the accumulation of power in the'hands of the Executive, and the reducfion of that of the Legislative branch of the Government. He now proclaimed tho doctrine that tho Executive was himself a branch of the Legislature: voted to sustain the President's vetoes, afid reviled Congress for passing the very measures he had himself warmly advocated. Now the gentleman maintained the position that the President had a right to withhold papers from Congress at his pleasure, and that Conress had no more right to demand papers rom the President than the President had to demand papers from Congress.

The gentleman urftt the nation, that Con grew moving to its destiny, and bad pretty strongly inti tad that that destiny would be a dark ona. Ha maintained too that Congrew bad no mot* right to discnM tha measures of the President than the President had to discuaa the acts of Congress. AH these mm* atcoos perversions of the Constitution the gentleman now openly avowed and contended for. He had been scdaced into this course by the lesd of a greater manhe meant Daniel Webster.

and

proper legislatjvo

Con8,reM',. w«»

1"f cou,rf

ln

thBl 8

bfcaU9e ,h»

ff 'h,s

m?ro1'

w°"hat

lho Pr8sldent

our

argument

«»sdispos-

°f usurpation on the

En"cl'u",t0 leg'^'ve

power, ,t

himself and bis fnends

were continually hurling their denunciations against the two Houses of Congress. The great efficient principle of tho Government was in Congress, and yet the gentloinan came forward and arrogantly and insolently assumed that the President was the Government, and that tho Whig party had knocked out its brains by running against the Government, against the "constitutional fact" in tho Government. Did this course of action and this doctrine-look to the maintainattce of

free principles, and to the preser­

vation of the power of the two Houses of Congress given them by tho Constitution? Fie thought not but that its tendency aras to the field and their feet miheljaa^ ufrwUwf referred to English h'ra

Mr. O.said he hatd ones aow ired Mr- Webster as much as any man ever did. He held him to be an inleilecttta) giant—an intelleeta&l tiger—and in some deparunema of human inquiry greater than any other man tha world had seen, lie bad, however, nothing of wbat was osoatty called a gentna and which was held to be marked especially by the power of invention- His great tribute was inteilectnal power. He was a vast mine, a world of intellect—and posnsed a crucible in which be onald analyse any and all creations of the reasoning faculty, and raprodnee «bem pieasnre ia sew and striking forms to sail himself. By his long and eminent nrvtees ia both Hoesss, of Congress, be had won tor himedf a civic crown of valne beyond the duplets ever won by the bloody sword of the queror In closet labor and in the power of con uon he had noaapertor if ever he had his equal—while bis qnmrhrs.

What bad be stid at Richmond !836, "ander an October sun/1 in tbe Capitol of old Virginia Was it

same Daniel Webster was among the foremost

a .j ,i .i i«w. mi BH ne HN about a Government Jyvl yel the gentleman

was

intima* had

•11

whether forensic or senatorial, were the

noblest ol the present eenterv. "Bat- how were the mighty fallen !n He had erected for himself a tnonntnent more durable than the pyramids, end that was fottnd in hie epeecbes on currency and on the bask— And yet this aame man now eemca to Coagieoa with a plan which he acknowledges as Ins ewa, and which contained not a feature that wes not omaeamed and annihilated by bis own reasoning

of

Tfcst one of the first daties of a Whig Adminii iff the patronage of Government from Yet no sooner ww

would he to the pobtk pnas

hit Cabinet was about to he

the

cative power. Yea, and of Executive Admioietrationof soeha creatnreas

obsolete, erohnbly bscuose fttn lonad espies ornis owa osss snast ha ofasoGovernment ynavt

Whig Admininuntion of Government from iheinoffice than

HteSSSf sted sou^»t to se-

all over theoomury. Hn lmd ryyiei tml

10

.«-

tahel

who had pour-

ed more ineffable contempt upon the head of Ibis John Tyler His language bad been, "Who is Tvier 1 He is nothing more than moth in tbj pet." Such was his estimate of this ProsidenCa lect, and it was a tree one. W beo men Contempts the vices Of the roan, tbey felt« fiercfc ing within them tot when they befcWd wbatfa! pusillanimous, ignoble being it was at Whom thev waff enraged, all their resentment sank at once into contempt. Mr. called the House to recollect M{. Webster's pompous proclamation that he Wi

contempt. Websi«r1i

r-

_r

the Engl ieb system, andinake hiraselRthe of %tnmnatcatiofl with the Prewtent |«l?^taii who'were found to hare been guilty of interfering w^p the portly and freedom of elections rfsntld bfe rcmOW by the Executive. But how did this square wuh specch at Fanenil Hall How could he, a high ami of the Government, and his colleague 3pencer—hoW could they, after this, go out on electioneering torn and make political sprecbes to influence a conungJSWk tioni 1

This was in confirmation of what had heenndVah# ed by the gentleman from the Massachusetts, (aw? CtmHtxe,) that in the great political seething-pot tbfcAdmiuistration would be the mdet potential elemem. Yes they were to decide who sBonla and who shoals not be political candidates for the Presidency, shameless violation of bis own avowed pri was here! Mr. Webster had none the canse of Whiga important harm Mr. Spencer had done none, his character was too well known. The aiBft who had been a Clintonian ana an ami-Clintonian, Jackson man and an anti-Jackson man, Mason an anti*Mason, a Whig and a Tyler man, couldeiSiil, but little against or in favor of any cause. He hafi convoked a convention at Syracuse to denounce the President's vets, aud in—daya had anblushingly tsP~^ office nnder that very man. Such political prof as this was not to be found in the annals of aft£ ernmeni. Returning to Mr. Welter, Mr. tmt he had once been his second choice for the Prendi and had he but preserved his patriotism and his pies, even should he have succeeded, Mr. nave cried, amen. Wbat a maivhe was! What a he had! And whet a heart! What amoral sad ii lectnal son he had Once been but, ah, what an eel He Was now a fallen angel—a political Satan. Webster had done them harm, much harm were mere mercenaries. They attached themssl to the Whig camp for tbe aske of the spoils and the spoils only. Such men might be dangeroni^ui^cs mies, but how infinitely more dangerous as friem Tneir presence polluted the camp—they infected air. In any fight for principle and for the count they would sell both. He said at all such, "08! ol

^ut the Wliigs had a man under whom they expeie^ ed to rally ami who were they that reviled lm** Wliat would have been thought'of a man that^ in doysof the Revolution, should bate abused and ligned Washington, or Green, or any other of tT glorious compeers in arms? Would he be set dowii «9 a friend of the Revolution? No. Neither was hfc fc friend to Whig principlesor the Whig party who carl 13 frame his lips to speak abuse of HEHHY CLAT. Y*& under that name they expected to rally. Hisplnee was now a private siation, bat he was in tbe presenj the country and of the world. He had come into tucky an orphan boy but there he soon iouo^hi transferred to anew theatre, where hispowe$sexj»n ed and his mighty genius soon developed itself, lit ever memoraDle days of ninety-eight, ne had in upon that noble, that gloriouscommonwealth, bis image—the living, breathing image ol his own matched genius, his own free undaunted soul—and civil achievements in the service of his country woi hist in &r<ie aa long as the pages of her history sho survive the touch of time. }n practical statesmansl in that oratory which persuaded the understand! and raised and united men in a great enterprise for public good, he had no Superior. In the intuitive curacy of aaprehension, in acuteneas of intellect, high and noble purpose, in a system of policy broad the Confederacy, and based on the eternal principl of equity and public justice, where was his equal to £l foundf True, he was ambitious but he ever held that characteristic passion of great minds subject to the dieconstitutieajft

HisemifttmsfK State no.nor

to the limits of his own country, dearly as he loved hki they pervaded the world. The rage of party had loi beaten upon bis head, bat he had conquered the eoi denceol his bitterest oppoaers, till none were who would not acknowledge his lioneBty and uprightness of purpose. He might or he might not reach Presidency, but he would ever occupy a snmmit in country's glory covered all.over with hues of liv light, and would txanstnii to future timesan imui name, without fear and without reproach. He tho W iriga gre*4 leatter—the feriog reprosentotive bodiment, and impersonation of itheir canse. him they hoped to conquer but if they-inust fall, enemies would find tneir bodies witn their bai"

From the Ukik4 Stalet Gazette

Mil. JOHNSON'S PLAN OF A STATES* Public attention must be given er the plan now proposed by Mr. Johnsoni&f Maryland, for relieving the States of a p4r* tion of their insupportable burthens, and$£. the same time and by the same meaos. plying tl»e community at large with a Si of currency .which in many cases will found of great value. We have ant the letters of Mr. J. on the sutyect, pri pally because we have from time to 4i«wH4ld before our readers the same, or a similar pl4n, projected and enforced by a Pennsylvania^ a man, however, who is much more anxi^as to have the scheme adopted by the GovefOment, than to have the credit of its projection We hear occasionally, certain speq|fc objections, which is much easier to meet.4Atf refute, than it is to remove impressions by indefinite general objections

"two hundred millions of dollars in relieve from inconvenience the States have hurried themselves by improvideneeil# to obligations beyond tlteir means of TitfJit ment."

Were this the exact state of the case,4ind all the case, the quere would have much n$w« weight than we are supposed to allow it. JJot it strikes us that the true features are nof?represented wo admit that these States wpaJi are in debt have unwisely placed thcttysilvea in the position they now occupy wo wish not now to defend them, and vto desire not ki^thl present remarks to inqaim whether it individual folly, working upward to the monwenlth, that made the wrong* or it was the rash impolicy of a late national administration that knocked away tha* port upon which the people leaned od in safety,-«nd placed in its siead a reed ami hat, and oft a spear, on whose points public credit and private en wounded and bleeding. Tbe effect remedy are enough for tbe present.

Many of the States of the Union ale ly in debt, and so far aa regards the ately available means, are they hope debt. Some of tha States are talking pud ia tion some practising it openly othera talking against it and yet si the practice. 'Dtis state of affair* eral, that abroad, the people not unite ing how parts may be rotten and sound, have connected the nation wi general insolvency, and as a proof of sospicbn, have openly refueed to ieod upootnefoith of tho "United Stake of tea."

Some time since the Congress of ttoe ed States solemnly acknowledged the of the individual States to the proce the lands which are held with propriet£lkod administwred by tha General Every Slate, therefore, the Unioo ^aiw a claim to an undivided -portion of this fud, just as much as the children of deceased intestate, have a claim to his |UM!% These States do not ask a partiiioo eCtfe* property, but the p^ositaeii ia,» creditor of tiieae several property of uafoubted valae, and ly bekmging to"lle debtwr States you 4e «ot need the bods, tbe General Government that has acted and ooatinuee to act as tra# «C the States for t*» property, wiU poosible for these

times the value, as collateral security, and whenever she sells portion of these lands, neb Stat* shall be credited with her portion or the nek proceeds on the amount of issue, by way of assumption." Th» result of such a couri», if promptly adopted and faithfally glrried dot, would,.seem to be the insurance renewal of confidence, the restoration of State credit, and what is of consequence to every Aiiierican, the removal of a stigma upon the American chsiracter abroad.

It is asked again, -#why should Delaware New

Jersey,

and other States be called upon

to take tlie stock of the Government, when they are not in debt!" They should not be thus colled pn of course. If they do not wi$h to receive the notes, let them take the money which these notes produce, and they may profit in their public schools by the prowhich other States require to pay their debts.

This is a mere reference to the argument w* are.awftfe timt some persons maintain that Uie pctblic lands do not belong to Ihe States* Congress has decided differently and every one knows that if all the States do not take the lands very soon, tbe new States will clatih the whole as their own^,

THE IMPEACniEfT,

In his speech on Thursday, the 12th inst, Mr. Raynersaid "That till lately he had indulged in the full fnilh that the Whig party was ouly undei^oa purification, that they were passing rough an ordeal of trial, from which they would emerge 'redeemed, regenerated and disenthralled,' ready as ever to do battle in the cause of constitutional liberty, whether fortune Frowned or fortune smiled. And although he would yet have hope yet he confessed he was not free from feplings of despondcy. He witnessed a scene there but a few ys since which he would have been glad to avoid seeing.- A representative (Mr. Botts,) rose in his place, and, appealing to Heaven for rectitude of his intentions, avowed his determination to discharge his duty to a violated constitllton, regardless of all personal consequences. Ha preferred charges against the acting President of the United States involving the highest crime and misdemeanors stake his reputation upon their truth and his ability to prove them asked this House for an appointment of a committee, merely that he might have an opportunity of establishing bis charges, and submit the result to the Bouse—and what did they seet In a House containing a nominal Whig majority of at least thirty, the proposition failed by a majority of forty-four. "If ever he saw (said Mr. R.,) an instance of moral sublimity, it was when his friend i(Mr. B.) held aloft his article of impeachment, «nd in strains of fervid eloquence called upon the assembled Representatives of the Nation to come to the rescue. He could assure his friend that he needed no prouder monument to his fijtnae—no richer legacy for his children.

He was aware that many had voted against the proposition because, as they avowed* they would not bestow on John Tyler so much consideration and importance* This reminds him of the reply of Jtavec* in the national convention pf France^ to the accusation proliofced by the Yirtcio^s Louvet against the itoody Robespierrejgid^Barrcre*

noj)lace in histor/ let tti not hut pigmies Oh pedestals the'civic crowns of Robespierre are mingled with cypress/ The convention passed quietly on Ho the order of the day,' just as this House did on Tuesday—*a fatal error,' says the historian, *which France had cause to lament in tears of blood.' The earneat aqd eloquent appeal of Louvet, Barbarous,

and

Lanjuinais were unheeded and the

Girondists of that day like the Whigs of this, reposed in'listless security, whilst the Jacobins, to use the language of the historian, 'were daily sharpening their poignards.*

The following is a list of those who voted for and against Mr. BOTTS* articles of impeachment.

YEAS—fMessrs. Adams, W Andrews, Arnold, Aycrigg, Babcock, Barnard, Birdseye, Black, Boardman, Botts, Boyd, Milton Brown, W Campbell, TJ Campbell, Carutbers, Casey, Clark, S N Clark, Colquitt, Cooper, A Cooper, Cranston, Cm

Gentry, Goggin, Green, Hal&ted, Hays, Houston, Hunt, Ingersoll, James, Kennedy, King, Lane, McKennan, Marshall, Mathiot, Maynard, Moore,

Morgan,

Morrow,

Osborne, Owsley, Pendleton, Powell, Ramsey, Rayner, Ridgway, Rodney, W^Russell,

y, Kay ner, Kidgway, t%oancy9 imuawvii*

Russell, Saltonstail,

NATS—Messrs. S And##*, Arrintftbh, Atherton, Baker,* Barton, Beesoo, Bidlack, Borden, Bowen, Brewster, Briggs, A Brown

Brown, Burke, Burnell, W Batler, (J W Caldwell, PC Caldwell, Calhoun, Campbell,

hCary,

Chapman, Clifford, Clinton. Coles Clowes, Cross, Cualiing, Davi*, Dawson, Dean, Doan, Doig, Eastman, Edwards, Egbert, Kverett, Ferris, Plogrd, A Floyd, Fornance, Gates, Giddit^s, Gilmer, PGGoode, W OGoode, Gordon, Graham, Gustine, Gwin, Harris, Hastings, Henry Holmes, Hopkins, Honek, Howard, Hubbard Hudson, Hunter,

IrVih,

npt

Sewed, Shepperd,1

Slade, aon, W Thompson, Triplett, Trumbull, Turney, Underwood, Warren, Washington, E ET White, White, Williams, Young1—-88.

ade, Smith. Salle™, Stanley. Thornf Jg-

W W

Irvin,

Jade,

Johnson, W lohtison, Johnson, ID Jones, Keim, A Kennedy, Lewis, Littlefiekl, Lowell, A McClellan, McClellan, McKay, McKeon, Mallory, Marchard, A Marshall, 3 Mason,

Muoa, Matthews, Mattocks, Maxwell, Medill, Meriwether, Miller, Mitchell, Newbard, Oliver, Parmenter, Partridge, Payne, Pickens, Proffit, Read, Reding, Rencber, Reynokis, Ri|S*t Roosevelt, Sanford, Saunders, Bhaw, ^ekb, Snyder, Sprigs, Steearod, Stokely, A Stuart, Sumter, 7 Thompson, Tillingbast, Trotti, Van Ekiren, Van Rensselaer, Wallace, Ward, Wattersoo, Weller, Westbrook, W Williams, Winthrop, Wife, Woodji A Young—127

:X0MaOIT Cleveland Herald, contains a lust of ssels that have sofiered material loss oa Lake Erie, and tbe Western Lakes, during the post seaaon. It set down:

Loaa and damage lo veaaeb, •91,750 Lose and damage to cargoes, 32,975 Loaaof livns, 09 Tfie Herald aays, tbe" estimated danwge is founded on pabHc refwrt, and not to be much reiied on the actual loss is supposed to he larger than what is stated- It is a pity we have no accurate details is all these matters.

TMUS SMMSHS MMTTMJTlf.

NAVAL OOUKT"DF WQOIBT.

Reported for the tfewYori Tribune. EIGHTEENTH DAY Jan. 18, 1843. -y The Courtjnet pursuant to adjournment, and the minutes of yesterdayfcproceedings were read-

Commander Mackenzie then presented a Document •skiBg'that be SMght beal lowed to prove certain facts. That, white in Geneva College, Spencer* views were toward a piratical life

That be arid be wished to live'a few yesrt of merry life as for a future state—rewards and punishmentsbe believed nothing in them he would have a lew merry years, and that would be the end of it:

That when Mr. Spencer was On hoard the Potomac, during her voyage from Boston to Rio, he concocted a plan for taking possession of tliat ship, murdering the officers, and making a pirate of ben

That he had his plans all made out as to future movements, where he would cruise how he wouia manage to lay in provisions from time to ume, ana take in water

That to three or more of the forward officers of tne Potomac he bad imported his protects, and taat^tney were discussed among those of the who were in bis confidence

After remaining closed about fifteen minutes, the Court re-opened, and the Judge Advocate announced the decision of the Court to be—

That they could not admit or receive teitimony as to the condnct or declarations of Spenoer on board the Potomac or previously, or of Cromwell's while in the Florida Squadron, but that testimony would be received as to any declarations made by Spencer. Cromwell, McKinley. or others, touching the intended mutiny, that occurred shortly previous to the sailing of the Somers.

Acting Master M. C. Pern/ recalled.—I was one of the Council of Officers on board the Somers, and waa present during G. VV. Warner's examination. The question was asked of trim whether he thought Cromwell deserved to be hung, and he replied positively that he did. It was not a contingent, but a positive opinion. Mr. Heiskell read over tne testimony as he wrote it down, and if he did not put it down correctly, .1 corrected him from my notes. These which I have in my hand are tbe notes I made at the time. I speak from them in relation to Warner's testimony. On the 28th November, civil time, a sail was discovered and is entered on the log as being seen three-points on the larboard bow.

By Captain Mackensie.—This ia the Course Book, and night orders on board the Somers, (produced.) It contain the order relative to what was to be done on the cry, "A man overboard." The order was, "pown with tha helm, fet go the life-buoy, clear away the boats, make ready to go about,'1 &c. If Gaselr had gone overboard at the time the main-royal topgallant mast was carried away, these orders being enforced would have oansed-great confusion on board, some of officers hiy 1^4 Ljk-Xtr Those nearest to haniTwould hMejnirOned in the boats and they would not have waited tar the regular crew insuchaoaa* firm EttukeB, recalled—I took down the testimony of tbe witnesses as taken before the Council of Officers correctly to the best of my belief,-, Warner there stated to the best of my belief, that Cromwell ought to be hung. He said so distinctly. It was not an Hypothetical opinion, but positive. Warnert statement was read over to him twice. He made no objection to it and then signed it as a true statement. II he had objected to any part of it at tbe time it would have been altered to his suggestion. Tbey were all told that it would be so done if they required it, and great care was taken to get down in their own language as near as oould be. To the beat ot my belief, Wa/ner'i statement was put down ia his own lan-

jlijwSmiywfe?%

Gwucvoort recalled.—Was prcsont at the

Council of officers. He gave similsr testimony to the purser in relation to the arrests. Wilson never made any report to me that he knew enough to bang Mr. Spencer. He came to me and told what be said had been a conversation with Mr. Spenoer and himself which was evidently a lie, and I told him so. He did it, I think, to ward off suspicion from himself. The form of the oath administered to the witnesses before the council of officers was:, "You do solemnly swear that tbe evidence you shall give before this Council of officers assembled, shall be tne truth, the whdle truth and nothing but the truth, so two first witnesses wtx4&. but afterward sworn with you have given,"—their them at tbe time- In tbe necessity of the execution/ arts or fears of the Commi

was influenced solely by thi dSctatrs of my conscience and from the knowledge otihe facts. The Commander did not lake measrirasie. uidttain which of tbe crew were dimffeetttPaW~*hi*f*iot, because he did

jpigh to htve

"of any man at large mRU Immediately confirming

fd the*Commander so. I

had a butter opportunity SMudging from my situation than the CommandsHiaA* 1 dop'iibtnk that the officers ceuld have stooP'oft lhore thin one or two days lamer, carrying the welfBf* eons jlM|Wtd and not being allowed to ait down, and constant fear of a rescue. 1 judge from myself, and I am one of the strongest, think the yonflger officers eonld not have stofid it so long. Previous to the discovery of tbe mutiny, 1 think the Commander pasted two-thuds of his ume on deck,

and afterwards much more. I remarked that during the time Spencer, Cromwell and S^all were in confinement, they appeared quite confidant, sad not at alt alarmed at their situation. Tbey seemed as if tbey expected a resene, nor did their aMmnarcbanjE until tbey were told they wars to die. The article mutiny was read once a month to the crew street ions of Secretary Paulding requires that should not be allowed to draw their spirit rations or tobacco. An order was promulgated to tbst effect on board tbe Somers, in pursuance of the Secretary's instructions, am not aware of say injury Cromwell had done me to make him ask my forgiveneaa, except that be bad meditated my death. Tbe treatment oi the crew was humane. There were more pains taken to procure good provisions, fresh fruit snd vegetables,and make them comfortable, than I ever ssw on beard a man-of-war before. I have known the Commander to pre the boys frnit that bad been purchased for bis duUren, in consequence of tbe mistake of the Parser in not having purehssed wbst was ordered. There was no excea of punishment on board the Somen, and no offences were punished that are not pnnisbed on board others vessels. There appeared a reluctance on tbe topanish. I have frequent part of Captain Maeken ly reported some of the

worn down mora

forward officers

That his plans then embraced the capture of India merchantmen, the New-York packets, the ase of females who might be taken, nod who were in general not to be kept more than a week

That Cromwell bad been mutinous and rebellious when in the Florida service—showing murderous ana piratical disposition ___

That on several occasions just before the Somers sailed from New-York, Spencer, Cromwell and Mc- »»_• tkai wmiMl nil Kinley had given oat predictions that there would be a mutiny on board tbe Somers. Cromwell, especially had made the declaration *t some phtde in the Bowery, McKinley being present.

The Judge Advocate then stated that be should object most dccidedly to the introduction of all the testimony offered as to Spencer's conduct or declarations on board tbe Potomae, or other Teasels, or as^to Cromwell's behavior while ia the Florida Swadron, as he considered it decidedly inadmi«ble. He had also doubts as to whether the declarations alledged to be capable of prool as having been mads by Spencer, Cromwell, and. McKinley, previous to the sailing of the Somen front 4his port, could be received as testimony. He thought, however, that if those declarations bad been made immediately previous to her sailing, they might be reoeived as testimony.

After some conversation, in the course of which Captain Mackensie said he did not wish to press tbe introduction of this testimony, but should wish his statement to appear on the record of tbe Court, and to which the Judge Advocate replied that he would have a perfect willingness that it should so appear, together with the objections and the decision thereon, the Coart was cleared lor deliberation.

MM

m,rRul

mora

visible in chahr

had lo go on dsdt svory half hoar# and to do WW had to crawl nnder the wunmocks. as than uaiaiS togetoa^bmag heavikarmed at the MOM tims.

Jr. W. WetM IWH9SIM.-*71IS tsstittony of tho witnesses beforetbecouncil waaread ever,to than,and thejr were informed if they wanted to make any correctrons it would be done. Corrections ware uniformly made when the witnesses desired. Previous to the conversation with Mr- Spencer on the boom, I had been ss intimste with him as anjrof the officers. I bad been found with him smoking snd talking. Whenever he wanted to draw any'tobacoo or segsnrfrom the storeroom, ha would always come to me for it. No conversation relating to any^ttsmpt to take the brig had been had by Mr. Spenoer with, me the previous to that night on the booms neither hadhe given me sny hints or intimations of such purpose, nor had Sn*U*^Cromwell, nor any person on board. ire Captain MkcUnzie—l waa present when Cromwell was ironed. I was standing on the trunk clote to them. Cromwell was sealed on the trunk. The Commander told him that he was under the nneeeaitv of confining him that he should take him where he would be tried by the laws of his ct_ punished if found guilty, and afforded an opportshit of proving his innocence if not guilty. I was present when Small was iroasd, but .'did net hear whatwns said.

Judge Advocate. I have ho more witneosesf intliss the two witnesses of Cspt. Mackensie* are present. Cant. Mackensie. I imvesent for them/rS Lt' that Cromwell asked forgiveness of Lieut. Gansevoort,

can be proved by the Captains of the foretop and forecastle, Stewart and Anderson. CAaHee Stewart recalled. I heard Croinwelt shortly "s before ha execution, ask, Lieut. GtuistfVoori'e forgiveness AV

Andrew Anderton te»U«fi. I saw Crotnwtttjvm before execution take hold of Lieut. Gansevoort* hand, and heard him aak him toiorgive bim.

JoAn 1W, sworn. I am not now in thessrvies I have been. I waa ward-room steward of the Somers Heft her six or eight days MOM her last cruise. The nrnht before the Somen sailed, Daniel IfdOalaf, oner of tbe crew of the Somers at tbe time, said something to me about a mutiny. I was on board in the afternoon waittngjbr Mr. Wales, who owed me seme lit-

1 1

SiKU

you God." The without the oath,

eration, "tbe evidence being read over to which I gave of the jd influenced by the der qMpy other man. I

relative to The in-

B§ tim Com*.—'The punishments were generally In fiicted with a colt—in a few instances with the eeis. A colt is made of three stooods I think it is lighter, much, than tbe eat. Tbe punishment with the colt is always given without stripping, over the clothes. Tbe punishment witb the cat is a maeb more formal puniahmeat than with the colt. When the cat is used tbe whole crew is called to witness punishment.

CmpUun There were 90 or 95 belaying pins on the apar-dech of tbe Semen in us* Those on the rail are about three-aiid s-balf pounds in weight those in tbe eat* tail about five pounds- It sible to remove them beyond tm reach of the mnnneers they were .all in usevead absolutely Oceesmry for the wonting of the veassfs. (A colt was here produced, ft wsaphw of this npettbont the aise afii wn

1

IK'

twenty of the crew were concerned. Tne this plot

finvolvthg

the murder of tbe

Isrge portion of the crew, and the sommiesiaB Tat* most every crime, convinced mo that tboss greed to it were capable of carrying into and committing any atrocity. This opit tber confirmed by my previons knowle praved character of the crew, and by the ny of them, although men in strength and rise,' suit boys in sge, and consequently would be little likely to resist temptathm and more easily allured by tbe pleasures held out to them ss accompanying the life of a piraie. Having stated the reasons trbi% emdaced .. the conviction tn my tnind of the existenoe ofthe plot, it only remaina for me to atate those which induced me to cliange my origins! determioation to bring the prisoners to the United Ststes for trisl, aodtodeem their immediate execution necemsry.

I waa influenced-First, bv the iwubdfdinitlda of the crow manifested after we tad left the coast sf Africa, and very much increased after the arrest ofthe prisoners their gloomy and anxious looks, thsir secret conferences, broken off when an offiser appeared their increased reluetsnoe in the peHMnsoes ofthsfr duty the actual disobedience of some the att aeveral to communicate with the prisoners. AlK circumstances oonviued me that there was danger Of a rescue, snd that in eebetoe WM in sonetsat agita« tion*

Secondly, by the uncertainly under whieb we

ed fa to the extent of the mutiny, snd ths Inatility sad

Thirdly,

Sjoit fiaaer ntkidnm)

npFSfses*.—That issachaeolr sawssassdon board of the SomersDr. Lmotek woslftrf— Waa present at the Conact! of

Officers and the MsnsMny was correctly taken down. Ae Sngeon of the Soman, it is my that tbe physical strength of tbe officers was dncsd and their bsslth materially oftctsd by

ing as saaoH aqwrnty^afoep, being almost cooetamly on ths wutdi firom tha tmm of the discovery of the natil d» I think thseffiests warn

-i-

0

and mid, "Steward, there WMtbe mntiayonlawrd time for certain you may be glsd you are not goout in her, supposing we run out of stores thl»

sida ana mid, thiatia» ing out time ss we did before."

Capt. Mackensie hore stated that he wlshed iolay b^re the Court a fuller explanation of the motives which guided htm in ordering the execution of those tnen than was contained in his report to the Secretary of the Navy, if they would allow him.

The Judge Advocate then read the preamble, which he mid would raiao the whole question whipthsr it

"°f- fie saw no obMClion to it.

The President then said that it would be reoeived by the Court ss a statement of his reasons for Ordering the execution.

It was then read by the Judge Advooate, as follow** May it pleat* the Canrt Although it has been determined by the Court that a written defence of my oondust, founded on ah ex-r animation of the evidence that has besa adduced, ia 1 unnecessary, and, under the circumstances, inadmimi-' ble, I trust thai the Court will not refuse to recsiver. from mes brief statement of tha reasons that psoduosd the conviction in my mind, ^n which I scted, that the execution of the ringleados of ihe intended mutiny on board the Somen was neesaaary to ths premmtion of the vessel. It is true that these lessons may be collected from my report to the Secretary of the Navy, which has been read before the Court but they are nowhere stated in connection, nor with that distinct- 5 neas snd brevity that are necessary to itapms their force on the minds of others. My report to.theSecre-' tary was intended to be a roll history of all the proceedings on board the Somen, for his information alone, and was for, very for, from being framsd with any direct view to my own vindication. 1 proceed, then, under the permission of ihe Coort, to submit the following fectf and oowddsiatkms as the reasons that chiefly determined my eondast. How ftr their reality or sufficiency is eetabliahsd hp the svideece. are quesiioas that, withoat a iiaglaiamaik, I shdl leave to tho judgment of tha Coorti first, 1 was infiuenoed by my deepconviotion ol the reality of ihe plot disclossd lw Mr. flpiaesr to Mr.

Wales. All tough I received the with incredulity, yet wi vet anil iolenlaMttw madeVand the strar^ impresafoo of71 minence ofthe dangermade neon the rah»d of Mr. Wales hiniseif, my aoubts vsnished and m/mind was filled with tho most earnest solicitude- to dhNwear and adojpt thc proper meana for arresting the uonsnwith which we were threatened. I at ones ^mrfnsd to adopt no measure but after mature dslibssettos, to shrink from none that tbe wsservntionof theKmsof those entrusted to my csre, the honor af my eemm and my sense of duty abould damaod. Whather tbs influence of this detereOnatlon is not sppaftnt in all «o dre jadgmsnt oft tha

greater,

and guard thefti was hnptMsible. To leave them at large, with at haawledae that their piilt was kaoWn, and that, if they arrived in safety, deetb might be their doom, wss to render them dfapetst* add anootbreak^ inevitable.

tbe imi tbefati (act, that. were daily losing strength, whilst tbst of ^be mutineers, from incressing numbos, wss daily be*mieg|-': grester.

Fourthly, by the conviction that, even if It were pos» jf eible for the offirara to defend tbomselvea nui their vessel in feir weather. If a storm should snse, calling ths stteotloa ofthe oAcsrs snd petty dqssre from tb« prisoners to tbe duties of uking cars of ths vessel, it would 1»vebeen easy for a few resohne msa ic1^ have released the prisoners and taken possemisn of tha'

Fifthly. By tbe sise of the vessel whfeh rendered it impossible for me to confine sny store prisoners asd prevent those alre«fy confined from epmmmieatmg with each other and with those of the crew who «m

*Vfffiy.b|rtheeoiivictk»,

the coarse to be putwed, they wonld bsve beenre-

by the aasaimees opinion of ths

sd, warrant and petty officers, whose means of judg mg were better th^n my own, that such a course waa Meaessry and inevitable, Their opinion, ceecuiring with my own Wt me no room to doubt that in nnrenSi'iZZ'Z'.Z'nZ?'*

$

1

r:-.

firstoesMHuaieatioo

1

I

lobar-

suppose •If had protested their lenoeenee and ipisiaaee^— Could we have believed and trusted themf WoM the uhesrtsinty have besa removsd or dhninlehsd On tbe contrary, most net the universal denial have increaaed and justified our suspicions of ttaiverSal guilt 1 Wo must still have believed thgrsasny wars gutlty, and could not bsvs known that any wave hmo* cent. If the examlnaiiaa hadreaoltsd la thedlwovsry of the eertain guilt of manv of tha safgeieffl, otsr difficulties would have been still greater. Toeenfiae

Pi

4*

•A

A

&

that by the execution ./

ofthe three nnglesdere the mutineers would bedepri red of the poww of navtetina the yeseel, as ao oiherperson woaldbe capable oftakingdMrap of hsr, and that thiswas ^ewilveActnsl method of bring- k-j

UMM'

havs tbe honor to be, very reapectfally, Tear mast ebedfent. ALEX. SI4^glX MACKENZtE.

U. 8.8. North Oaroltna, Ifth Jsauaty^lMS^ To the Coort of Inquiry. TheCovt then adjourned to hear theothsr wttnsmss efOsptain

to-nK»row, ntf -"i.